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U.S. Supreme Court,
Constitutional Law,
Administrative/Regulatory

Jan. 19, 2000

Takings Trauma

California Supreme Court takings case deviates from U.S. Supreme Court precedent.

Stuart M. Miller

Email: stuartmiller@earthlink.net

By Stuart Miller
         The Takings Clause of the Fifth Amendment to the U.S. Constitution provides that private property shall not "be taken for public use, without just compensation." It applies to the states through the Fourteenth Amendment (Chicago B.&O. R. Co. v. Chicago, 166 U.S. 226 (1897)) and is often invoked by landowners who perceive the economic oppression of a state or ...

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